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MONTES v. JENKINS

Nos. 78-1128, 78-1135.

581 F.2d 609 (1978)

Luis Antonio MONTES, Petitioner-Appellant, v. Leo D. JENKINS, Warden, Indiana State Prison, Respondent-Appellee. William F. SANDERS, Petitioner-Appellant, v. Jack DUCKWORTH, Warden, Indiana State Prison, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 13, 1978.

Attorney(s) appearing for the Case

James P. Martin (law student), Chicago, Ill., for petitioners-appellants.

Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, Ind., for respondents-appellees.

Before TONE and WOOD, Circuit Judges, and CAMPBELL, Senior District Judge.

WILLIAM J. CAMPBELL, Senior District Judge.

In each of these consolidated cases the district court summarily dismissed an application for writ of habeas corpus. In so doing, the district court ignored factual allegations in the petitions and supporting documents tending to create a factual dispute, and relied exclusively on the existence of facts as set forth in the opinion of the Indiana Supreme Court affirming each petitioner's conviction. We reverse.

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